What Are Your Legal Options If an Occupational Injury Aggravates a Pre-existing Condition?

If you’ve been injured at work but have a pre-existing condition, you might be worried about whether or not you’ll be able to get compensation, even if you can prove that you were not at fault. Believe it or not, many injured workers find themselves in circumstances like these every day. At the Atkinson Gerber Law Office in Minneapolis, MN, and St Paul, MN, an occupational injury attorney firm, we have a wealth of experience in representing clients who have had a previous condition worsened by a recent workplace injury.

What Are Your Legal Options If an Occupational Injury Aggravates a Pre-existing Condition?

Occupational injuries are a common concern for workers, and when these injuries aggravate pre-existing conditions it’s important to understand the ways in which you are protected under the law and the benefits and compensation that you are entitled to.

What Is a Pre-Existing Condition?

Any health issue that existed before an occupational injury occurred is classed as a pre-existing condition. These conditions can range from chronic illnesses like arthritis to the results of previous injuries, such as back pain.

Federal Law and Workers’ Compensation

Under federal law, workers are entitled to compensation for injuries sustained in the course of employment. The Federal Employees’ Compensation Act (FECA) provides compensation benefits to federal employees who suffer both work-related injuries or occupational diseases. Under FECA, an aggravation of a pre-existing condition due to a workplace injury is generally covered, provided that the injury occurred in the course of employment and contributed to the aggravation.

Key Provisions of FECA

This legislation provides coverage for medical expenses related to the work injury and compensation for lost wages due to disability caused by the injury. It may also cover vocational rehabilitation services if you need to retrain before you can return to work. If you are permanently impaired as a result of your injury, it also covers compensation for that.

Minnesota Workers’ Compensation Law

Minnesota has its own set of laws governing workers’ compensation, outlined in the Minnesota Workers’ Compensation Act.

Key Provisions of Minnesota Workers’ Compensation Law

Under this law, any reasonable and necessary medical care for your work injury will be paid for. There are wage replacement benefits for workers who are temporarily unable to work due to the injury and for those who can return to work but earn less as a result of their injury.

Compensation is also available to those who are permanently disabled, either totally or partially, because of a workplace injury. If you need special help to get back to work, workers’ compensation should cover the rehabilitation services you need to return to suitable employment.

Aggravation of Pre-existing Conditions Under Minnesota Law

In Minnesota, the aggravation of a pre-existing condition by a workplace injury is covered under workers’ compensation. The key consideration is whether the workplace injury substantially contributed to the aggravation of the pre-existing condition. Minnesota courts have established that if a work-related injury aggravates, accelerates, or combines with a pre-existing condition to produce a disability, the injury is compensable.

To prove that your pre-existing condition has been worsened by the workplace injury, it is important to provide medical evidence such as reports, diagnostic test results, and expert testimony. In some cases, the compensation may be apportioned between the injury and the pre-existing condition, and benefits adjusted based on the extent to which the workplace injury contributed to the overall disability.

How Does a Workers’ Compensation Claim Work?

At the Time of Injury

You should notify your employer of your workplace injury as soon as possible. In Minnesota, you must report the injury within 14 days to ensure full benefits, though you have up to 180 days in certain circumstances. Once you have informed them, your employer must fill out a First Report of Injury (FROI) form.

Medical Treatment

You should obtain medical treatment immediately and inform your healthcare provider that the injury occurred at work. Ensure that your medical records document any aggravation of your pre-existing condition. Your doctor will fill out a Report of Work Ability form, and you should make sure that your employer and insurer get copies of this form.

Claims

The insurer must file the FROI with the Department of Labor and Industry if the disability from your injury lasts more than 3 calendar days. They must give you a copy of the form when they file it, along with a copy of the Minnesota Workers’ Compensation System Employee Information Sheet. They must also send a copy to your union if you are in one.

Independent Medical Examination

Insurers are allowed to request an Independent Medical Examination (IME) to assess the extent of your injury and its relation to your pre-existing condition. Being well-prepared for this examination, including having your medical records with you and being able to explain the nature of your condition and how the work injury aggravated it, can help ensure you get a fair assessment.

Response

The insurer will choose either to accept your claim for wage loss and other benefits or deny it. They will send you a form with all the information you need to know, including the claim number, your insurance adjuster’s name, and contact details, the compensation rate and date of initiation if the claim is accepted, or the reasons behind a denial if not. A denial must state clearly the facts and reasons why the insurer does not believe your current condition resulted from your work.

When To Call an Occupational Injury Attorney

You can get in touch with a lawyer at any stage of the claims process, but earlier is always better. It can save you a lot of time and stress if you call us in at the beginning of the process as opposed to after you have received an initial denial of compensation from your insurer. However, late is better than never! Whenever you call us, we will do our very best to get you the compensation you deserve.

Why Choose Atkinson Gerber as Your Occupational Injury Attorney

Unlike other law firms, we exclusively litigate workers’ compensation cases. This specialization not only means that we can truly describe ourselves as experienced in this area but also means that the name of our firm is widely known in this area of law. That recognition factor, along with our dedicated attorneys, helps us to maximize compensation and awards for our clients who have been injured at work. Additionally, we are familiar with the tactics employed by insurance companies, and with how to combat them.

If an occupational injury aggravates a pre-existing condition, you have several legal options for seeking compensation and benefits. When a workplace injury aggravates a pre-existing condition, employers and insurance companies may argue that the pre-existing condition, rather than the workplace injury, is responsible for your current health issues. 

Suffering From an On-the-Job Injury in Minnesota? Turn To Our Law Firm.

At Atkinson Gerber Law Office, our mission is to provide exceptional legal services with a personal touch. We understand that each case is unique, and we tailor our approach to meet the specific needs of each client. Whether you are facing a straightforward workers’ compensation claim or a complex legal battle, our experienced workplace injury attorneys are here to guide you every step of the way.

We can be reached 24/7 and are available to schedule consultations to meet at your convenience. If your injury prevents you from visiting our staff in the office, we are happy to make home, hospital, and off-site consultations by appointment. We represent clients in the Minneapolis-St. Paul area and statewide.

Call 651-333-3636 to arrange a free initial consultation.